At one point I learned from a person who would know such things that there is no remaining canonical difference … but then I know some communities continue to emphasize a distinction.
I have read elsewhere that solemn profession is different from simple perpetual vows in that it makes any attempt at marriage not only illicit but invalid, and that solemn vows must be dispensed by the pope, while simple perpetual vows can be dispensed by a bishop.
Simple perpetual vows can be dispensed by the Major Superior if the community is a male community. If it is a female community the request for dispensation goes to the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life also known as the Sacred Congregation for Religious and Secular Institutes.
Solemn vows can only be dispensed by the Holy See.
Canon law does not make a distinction between simple and solemn vows because the canonical issues are the same for both. Canon law only deals with the legal issues, not the theological issues.
Theologically they are different in two obvious domains and some not so obvious.
Religious who make solemn vows must give up all right to ownership of what they have when they enter and what they may acquire later, such as inheritances. Other religious may have the same requirement in their constitutions, but not because the Church expects it of them.
Religious in solemn vows who attempt marriage without a dispensation cannot be validly married. Those in simple vows who do the same are validly married, but illicitly. The vow ceases. Solemn vows override the sacrament of marriage, because the person does not have the theological freedom to marry. He or she is already married to his or her order.
Most religious in solemn vows belong to Orders, not Congregations. Orders have certain exemptions that Congregations do not have. For example a congregation can be either of Pontifical Right or Diocesan Right. If it is of diocesan right, the bishop is the highest authority and he can dispense with the vows as well as approve their constitution.
Orders must have their constitutions approved by the Holy See and no bishop can claim authority over them. After they are approved by the Sacred Congregation, they are sent to the Holy Father who puts his seal of approval on the constitution. Orders always follow a Rule (with capital R). The Rule can only be changed by a pope, not by the members of the order. Congregations may have a rule written by their founder, but they can edit the rule at their General Chapter. An Order cannot edit its rule. The Rule of an Order has a Papal Bull on it, so that it cannot be tampered with even by the membership.
Currently the Rules with Papal Bulls are: Benedictine, Carmelite, Franciscan, Augustinian and Basilian (Eastern Churches). All the other rules are free of a Papal Bull.
Usually, women in solemn vows are nuns. Sisters make simple vows. Men who make solemn vows are usually friars or monks, with the exception of the Society of Jesus, where some members also make solemn vows.
Finally, the theological difference is that solemn vows are considered by the Church to be a more intense commitment to the evangelical counsels. But in daily practice, a religious community can make their commitment or practice of the evangelical councils as intense as they wish, without the solemn vows.
And communities in solemn vows may not own property as a corporate body, except for the Benedictines. The other communities can only own property with good reason and it has to be approved by the proper authorities in the Vatican. One reason is usually to avoid interference or conflicts with the local bishop or the laity. In the past, there were situations where the bishops and wealthy members of the laity sponsored religious orders and then wanted to “cash in on the favor.” That’s when the Church began to allow the orders with solemn vows to raise money to purchase property for their use. But the catch in the tradition is that the property is for the use of the order, however the Vatican reserves the right to separate the order from the property. Congregations in simple vows can own property without the permission of the Vatican and cannot be legally separated from it.
It sounds more complex than it is. In practice, every religious simply goes by the Rule or Constitutions of his or her community.
Diocesan priests or secular priests as is their proper title, do not make vows of chastity, poverty or obedience. They make a promise of obedience to the bishop and a promise of celibacy. Promises are not vows. The obedience transfers from one bishop to another, it is not bound to any rule or community or founder. Celibacy is simply not to marry. It does not commit the individual to a life in community. There is no vow of poverty. Therefore, diocesan priests can be millionaires or paupers. They get paid a salary for their work in the Church and are considered self-employed in most dioceses. They pay taxes and their own social security and FICA etc. They can do what they wish with their money and their property. They are priests, not consecrated religious.
Hope this helps.
Fraternally,
Br. JR, OSF
So if this is as far as I get with this order I will be very happy. One of their retreats is held at the monastery at Mother Angelica’s. I wanted to share this with anyone who is also discerning. opusangelorum.org/about-us/about_us.htm.
